Appeal No. 2004-2343 Page 6
Application No. 09/772,520
A third aspect of the present invention comprises single locus converted
plants of the corn variety I026458. Specification, page 6. As appellant explains
(specification, page 23, emphasis added), single locus converted (conversion)
plants are those plants
which are developed by a plant breeding technique called
backcrossing wherein essentially all of the desired morphological
and physiological characteristics of an inbred are recovered in
addition to the characteristics conferred by the single locus
transferred into the inbred via the backcrossing technique. A single
locus may comprise one gene, or in the case of transgenic plants,
one or more transgenes integrated into the host genome at a single
site (locus).
As appellant explains (specification, page 31):
Many single locus traits have been identified that are not regularly
selected for in the development of a new inbred but that can be
improved by backcrossing techniques. Single locus traits may or
may not be transgenic; examples of these traits include, but are not
limited to, male sterility, waxy starch, herbicide resistance,
resistance for bacterial, fungal, or viral disease, insect resistance,
male fertility, enhanced nutritional quality, industrial usage, yield
stability, and yield enhancement. These genes are generally
inherited through the nucleus, but may be inherited through the
cytoplasm. Some known exceptions to this are genes for male
sterility, some of which are inherited cytoplasmically, but still act as
single locus traits.
A final aspect of the present invention is directed to a process of
producing an inbred corn plant derived from a plant of the corn variety I026458.
See e.g., claim 31. According to appellant’s specification (bridging paragraph,
pages 10-11),
the present invention provides a method of producing an inbred
corn plant derived from the corn variety I026458, the method
comprising the steps of: (a) preparing a progeny plant derived from
corn variety I026458, wherein said preparing comprises crossing a
plant of the corn variety I026458 with a second corn plant, and
wherein a sample of the seed of corn variety I026458 has been
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